도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. In full view of the statements made by D as to the grounds for appeal and the details of the handling of reports filed by 112, the point at which the Defendant’s final driving end is between February 26, 2016 and February 22:08.
In addition, the defendant was driving after the lapse of 30 minutes a hour and 30 minutes a week on the day of the case at the investigative agency.
The defendant's final drinking time is at least 20:15 on February 26, 2016, in light of the fact that he/she has consistently been driving on February 26, 2016 and has already been driving on around 21:45.
As such, the defendant's blood concentration measurement has been conducted 90 minutes after the end of his/her blood alcohol level, and when the above drone formula is applied in accordance with the legal principles of the Supreme Court decision, the defendant's blood concentration at the time of the expiration of his/her alcohol level is calculated 0.059%.
Thus, the defendant's alcohol concentration in blood at the time of actual operation was 0.055% or exceeded 0.05% which is the standard values for punishment.
Although it is sufficient to recognize the facts charged of this case, the judgment of the court below which acquitted the facts charged of this case.
2. Determination
A. The lower court rendered a judgment on the following grounds that the facts charged in the instant case constituted a case where there is no proof of crime, and that the Defendant was acquitted under the latter part of Article 325 of the Criminal Procedure Act.
1) According to the records of this case, the Defendant, who was a last drinking place, was driving in the vicinity of the hotel of 17-10,000 am 197,00 am 197,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
D was 15 minutes of violence from the defendant while moving to the above hotel while police investigation.
The point of time was stated as around 21:45, D requested that another person report to the police, and received a report at around 22:08, and the police dispatched to the site at around 22:12, and the defendant was committed in the act of assault at around 22:20.